| Abstract [eng] |
PROTECTION OF THE EMPLOYEE'S CONSTITUTIONAL RIGHTS AND FREEDOMS SUMMARY The goal aimed at in the present thesis is on the basis of the Constitution, Labour Code and other legal acts regulating labour legislation, International agreements, Council Directives Resolutions of the Constitutional Code of the Republic of Lithuania to disclose the concept of constitutional rights and freedoms of an employee, to present a mechanism of their protection and to examine guarantees provided for in the Labour Code on the basis of which Constitutional rights of employees are protected. Analysing Constitutional rights and freedoms of an employee it is worthwhile to note that the Constitution is the main law of a country. It secures the main social relations in a state. The influence of the Constitution as of the main source of the law on the law-making process in general is very important and the provisions of it obligate the persons making the laws and other subjects of law making to effect regulation of the main social relations in a country observing the provisions established by but most important is that the norms of the Constitution are mandatory to a law-maker. Nobody may infringe the powers granted by the nation in the form of the Constitution and to violate the rights and freedoms of persons. It is one of the main principles on the basis of which a legal state and a civil society is built. The protection of constitutional rights and freedoms of an employee on the basis of Constitutional norms is examined in the paper. Three ways of their enforcement are analysed in it.  Independent individual acts;  Independent collective acts;  Enforcement of labour rights aided by competent institutions. Quite often employees suffer because they do not know and are not familiar with the laws regulating their rights and labour relations in general. For this reason, writing about the protection of Constitutional rights and freedoms of employees I had mentioned the influence of the State Labour Inspectorate and of the trade unions on informing the employees and on the process of enforcement of their rights and freedoms. The provisions regulating collective labour relations occupy an important part of the Labour Code. The principles of social partnership and of the freedom of collective negotiations are seen among the most important principles of labour relations. collective negotiations In accordance with the provisions of the Labour Code collective agreements play a significant role in the regulation of the labour relations and in establishing the conditions of work. The freedom of associations is among the most important human rights and freedoms and it is special in opening for the employees the possibility to express their desires and strengthens their position in collective negotiations recovering the equilibrium of forces. The possibilities of enforcement of the right to go on strike end the problems related to it are examined in the thesis. The right of going on strike is one of the forms of enforcement of the principle of the rights of associations defended by the International Labour Organization. The guarantees ant their legal nature are directly related with the enforcement of human rights and freedoms. The guarantees of human rights are a complicated and multilateral phenomenon. Their origin is related with their genesis of the legal norms on the basis of which human rights are formed up and also with their recognition, protection and assurance of enforcement. The labour rights and their guarantees occupy an exceptional place in the human rights. |
